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Enterprise Act 2002
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Enterprise Act 2002, Section 244 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 22(1A) inserted by 2024 c. 13 Sch. 5 para. 2(2)
- s. 23(2)(c) and word inserted by 2024 c. 13 Sch. 4 para. 2(3)(b)
- s. 23(2B) inserted by 2024 c. 13 Sch. 4 para. 2(4)
- s. 23(4C)-(4G) inserted by 2024 c. 13 Sch. 4 para. 2(5)
- s. 33(1A) inserted by 2024 c. 13 Sch. 5 para. 3(2)
- s. 34ZA(1A) inserted by 2024 c. 13 Sch. 5 para. 4(3)
- s. 34ZD-34ZF inserted by 2024 c. 13 Sch. 5 para. 7
- s. 39(2A) inserted by 2024 c. 13 s. 131(2)(a)
- s. 39(3A) inserted by 2024 c. 13 Sch. 5 para. 8(3)
- s. 39(7A) inserted by 2024 c. 13 s. 131(2)(c)
- s. 51(2A) inserted by 2024 c. 13 s. 132(2)(a)
- s. 51(7A) inserted by 2024 c. 13 s. 132(2)(c)
- s. 59(3E)(3F) inserted by 2024 c. 13 Sch. 4 para. 6(3)
- s. 59(6A)(a)(b) substituted for words by 2024 c. 13 Sch. 4 para. 6(5)
- s. 84A-84C and cross-heading inserted by S.I. 2019/93, reg. 48A (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 86(A1) inserted by S.I. 2019/93, reg. 48B(2) (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 89(A1) inserted by 2024 c. 13 Sch. 11 para. 9(3)
- s. 89(3) inserted by 2024 c. 13 Sch. 11 para. 9(4)
- s. 91(3)(ba) inserted by S.I. 2019/93, reg. 48E(2)(a) (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 92(A1) inserted by S.I. 2019/93, reg. 48F(2) (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 92A inserted by S.I. 2019/93, reg. 48G (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 107(1)(aaa) inserted by 2024 c. 13 Sch. 5 para. 14(2)(b)
- s. 107(6)(a)(b) inserted by 2024 c. 13 Sch. 5 para. 14(3)
- s. 109(A1)(c) inserted by S.I. 2019/93, reg. 50A(2) (as inserted) by S.I. 2019/1245 reg. 10 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 109(8B)(8C) inserted by S.I. 2019/93, reg. 50A(4) (as inserted) by S.I. 2019/1245 reg. 10 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 110(1)-(1C) substituted for s. 110(1) by 2024 c. 13 Sch. 10 para. 15(3)
- s. 110A(3A) inserted by S.I. 2019/93, reg. 50C(3) (as inserted) by S.I. 2019/1245 reg. 10 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 110A(10)(11) inserted by 2024 c. 13 Sch. 28 para. 2
- s. 111(5)(b)(iii) inserted by 2024 c. 13 Sch. 28 para. 3(d)
- s. 112(A1)-(A3) inserted by 2024 c. 13 Sch. 10 para. 18(2)
- s. 112(3A) inserted by 2024 c. 13 Sch. 10 para. 18(6)
- s. 114(5A) inserted by 2024 c. 13 Sch. 10 para. 20(5)
- s. 114(12)(a) words in s. 114(12) renumbered as s. 114(12)(a) by 2024 c. 13 Sch. 10 para. 20(7)(a)
- s. 114(12)(b) inserted by 2024 c. 13 Sch. 10 para. 20(7)(b)
- s. 116(5) inserted by 2024 c. 13 Sch. 10 para. 22(5)
- s. 116A inserted by 2024 c. 13 Sch. 10 para. 23
- s. 117(2A) inserted by 2024 c. 13 Sch. 10 para. 24(4)
- s. 120(1A)(c) inserted by 2024 c. 13 Sch. 28 para. 4(2)
- s. 120(2)(b)(i) words in s. 120(2)(b) renumbered as s. 120(2)(b)(i) by 2024 c. 13 Sch. 28 para. 4(3)(a)
- s. 120(2)(b)(i) words in s. 120(2)(b) renumbered as s. 120(2)(b)(i) by S.I. 2019/93, reg. 51A(4)(a) (as inserted) by S.I. 2019/1245 reg. 11 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 120(2)(b)(ii) inserted by 2024 c. 13 Sch. 28 para. 4(3)(b)
- s. 120(2)(b)(ii) and word inserted by S.I. 2019/93, reg. 51A(4)(b) (as inserted) by S.I. 2019/1245 reg. 11 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 123(2)(c) inserted by 2024 c. 13 Sch. 4 para. 9(3)
- s. 123(3A) inserted by 2024 c. 13 Sch. 4 para. 9(4)
- s. 131B(8)(9) inserted by 2024 c. 13 s. 135(4)
- s. 133(1A)(1B) inserted by 2024 c. 13 s. 136(2)(a)
- s. 133A(1)(aa) inserted by 2024 c. 13 Sch. 9 para. 2(2)(b)
- s. 133A(1)(ba) inserted by 2024 c. 13 Sch. 8 para. 3(2)
- s. 133A(1)(fa) inserted by 2024 c. 13 Sch. 9 para. 2(2)(c)
- s. 133A(2)(ca) inserted by 2024 c. 13 Sch. 9 para. 2(3)
- s. 133A(2)(za) inserted by 2024 c. 13 Sch. 8 para. 3(3)
- s. 134(2B) inserted by 2024 c. 13 s. 136(3)(c)
- s. 136(2)(aa) inserted by 2024 c. 13 Sch. 8 para. 4
- s. 138A(A1)-(A3) inserted by 2024 c. 13 Sch. 9 para. 3(2)
- s. 151(7) inserted by 2024 c. 13 s. 146(6)(d)
- s. 154A and cross-heading substituted for s. 154 and cross-heading by 2024 c. 13 Sch. 8 para. 8
- s. 155(3A) substituted for s. 155(3) by 2024 c. 13 Sch. 8 para. 9(3)
- s. 156(1)(ab) inserted by 2024 c. 13 Sch. 8 para. 10(4)(c)
- s. 156(4)-(7) inserted by 2024 c. 13 Sch. 8 para. 10(6)
- s. 161A inserted by 2024 c. 13 Sch. 11 para. 16
- s. 162A inserted by 2024 c. 13 s. 139(4)
- s. 162B inserted by 2024 c. 13 Sch. 9 para. 5
- s. 167(1)(a) words in s. 167(1) renumbered as s. 167(1)(a) by 2024 c. 13 Sch. 9 para. 7(2)(a)
- s. 167(1)(b) inserted by 2024 c. 13 Sch. 9 para. 7(2)(b)
- s. 167(10) inserted by 2024 c. 13 Sch. 11 para. 17
- s. 167B(5)(b)(i) words in s. 167B(5)(b) renumbered as s. 167B(5)(b)(i) by 2024 c. 13 Sch. 9 para. 9(2)
- s. 167B(5)(b)(ii) and word inserted by 2024 c. 13 Sch. 9 para. 9(3)
- s. 172(2)(h) and word inserted by 2024 c. 13 s. 139(7)(a)(ii)
- s. 172(2)(zc) inserted by 2024 c. 13 Sch. 9 para. 11
- s. 172(11) inserted by 2024 c. 13 s. 139(7)(b)
- s. 174A(1)-(1C) substituted for s. 174A(1) by 2024 c. 13 Sch. 10 para. 27(3)
- s. 174A(10) inserted by 2024 c. 13 Sch. 10 para. 27(7)
- s. 174E(5) inserted by 2024 c. 13 Sch. 10 para. 30(5)
- s. 174ZA inserted by 2024 c. 13 Sch. 13 para. 17
- s. 177(1)(a) words in s. 177(1) renumbered as s. 177(1)(a) by 2024 c. 13 s. 139(8)(b)(i)
- s. 177(1)(b) inserted by 2024 c. 13 s. 139(8)(b)(ii)
- s. 180(1A)(1B) substituted for s. 180(2) by 2024 c. 13 Sch. 10 para. 32(3)
- s. 183(3)(a)(iiia) inserted by 2024 c. 13 Sch. 8 para. 16(b)
- s. 194(2)(e)-(g) inserted by 2024 c. 13 s. 141(3)(b)
- s. 196(2A) inserted by 2024 c. 13 s. 141(4)
- s. 243E(2A) inserted by 2024 c. 13 Sch. 28 para. 5
- Sch. 4 para. 21B inserted by 2024 c. 13 Sch. 3 para. 9
- Sch. 5A para. 7A inserted by 2024 c. 13 Sch. 5 para. 10(4)
- Sch. 5A para. 5 5A substituted for Sch. 5A para. 5 by 2024 c. 13 Sch. 5 para. 10(3)
- Sch. 5A para. 1(2)(a)(b) substituted for words by 2024 c. 13 Sch. 5 para. 10(3)
- Sch. 10 para. 6(aa) inserted by S.I. 2019/93, reg. 59A(12)(b) (as inserted) by S.I. 2019/1245 reg. 13 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Sch. 10 para. 1(aa) inserted by S.I. 2019/93, reg. 59A(4)(b) (as inserted) by S.I. 2019/1245 reg. 13 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Sch. 10 para. 1A inserted by S.I. 2019/93, reg. 59A(5) (as inserted) by S.I. 2019/1245 reg. 13 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
244 Specified information: considerations relevant to disclosureU.K.
This section has no associated Explanatory Notes
(1)A public authority must have regard to the following considerations before disclosing any specified information (within the meaning of section 238(1)).
(2)The first consideration is the need to exclude from disclosure (so far as practicable) any [F1information whose disclosure the authority thinks is contrary to the public interest] [F1sensitive information].
(3)The second consideration is the need to exclude from disclosure (so far as practicable) [F2—
(a)commercial information whose disclosure the authority thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or
(b)information relating to the private affairs of an individual whose disclosure the authority thinks might significantly harm the individual’s interests.][F2any commercial information or private information.]
(4)The third consideration is the extent to which the disclosure of the information mentioned in subsection (3)(a) or (b) is necessary for the purpose for which the authority is permitted to make the disclosure.
Textual Amendments
F1Words in s. 244(2) substituted (24.5.2024 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 326(3)(a), 339(2)(c)
F2Words in s. 244(3) substituted (24.5.2024 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 326(3)(b), 339(2)(c)
Modifications etc. (not altering text)
C1S. 244 excluded (10.5.2018) by Financial Guidance and Claims Act 2018 (c. 10), s. 37(1)(f), Sch. 5 para. 11
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